Under the sunshine of a society governed by the rule of law, every legal document should be solemn and sacred. However, when a pig farm illegal construction case suddenly made waves five years later, we can't help but ask: where is the justice and stability of the law?
Case review
On the edge of the tranquil countryside, five years ago it was just an empty field, but as time went on, a huge building sprung up in the form of the "Golden Pig Farm" pig farm.
Zhang Dayong, the owner of the pig farm, is a farmer with great ambitions. He took a fancy to the convenient transportation and fertile land conditions, and thought that it was a good place to raise pigs. However, without planning permission, he built a pig farm on the land.
Over time, the size of the pig farm has grown, but problems have also arisen. During the inspection, the urban management bureau found that there were serious illegal construction activities in the "Golden Pig Garden" pig farm. They found that the buildings on the pig farm occupied agricultural land and had not been submitted for construction and approval in accordance with relevant regulations. The Urban Management Bureau believes that this kind of illegal construction behavior seriously violates the laws and regulations on land use planning and urban and rural construction management, and must be severely cracked down.
As a result, the urban management bureau acted quickly and punished the "Golden Pig Garden" pig farm. They issued a fine notice, requiring Zhang Dayong to pay a fine of up to 840,000 yuan. This fine amount was undoubtedly a huge blow to Zhang Dayong, but he knew his mistake and chose to accept the penalty and pay the fine on time.
However, just five years after the fine was paid, things took a dramatic turn. The urban management bureau suddenly announced that after a reassessment, it was found that the illegal construction of the pig farm had caused serious social impact, so it decided to revoke the previous penalty decision and impose additional fines. This time, the fine amount is as high as 16 million yuan!
The news quickly caused an uproar in society. People have expressed doubts and believe that this practice of the urban management bureau is extremely unfair. The five-year time span has made waves again in the turmoil that had subsided. The employees of the pig farm are panicked, fearing that they will lose their jobs; Nearby villagers expressed support for the urban management bureau's decision, believing it to be a powerful blow to illegal construction.
In the face of this sudden change, Zhang Dayong felt very helpless and angry. He believes that the actions of the urban management bureau are completely contrary to the stability and fairness of the law, and he decides to protect his legitimate rights and interests at all costs. As a result, he resolutely filed a lawsuit with the court, requesting that the urban management bureau's decision to impose additional fines be revoked.
Legal analysis
According to the Administrative Punishment Law"No penalty for one thing"Principle: No administrative penalty of more than two fines shall be imposed on the same illegal act of the parties. The amount of the fine is determined on a case-by-case basis. They were explicitly fined $840,000 at the time, which was legally valid. Zhang Dayong felt that he had already been fined before, and five years later, he was fined again for the same thing, violating the principle of no further punishment for one thing.
The reply to the Request for Instructions on the Calculation of Illegal Income pointed out that the confiscated illegal income should be equivalent to the physical value of the confiscated income in accordance with the law. The calculation of the amount of fines and confiscations is also in accordance with the law.
Case outcome
The court found that although the pig farm had violated the construction rules, the urban management bureau had already punished it five years ago. In the absence of new violations, the Urban Management Bureau does not have the right to impose penalties for the same violations again. Therefore, the court ruled to revoke the decision of the Urban Management Bureau to impose an additional fine of 16 million yuan.
Case Reflection
In addition, this case has also exposed the problems and deficiencies of some law enforcement agencies in the process of law enforcement. For example, the urban management bureau's practice of revoking the original penalty decision and imposing additional fines after five years has aroused widespread questioning. This not only confuses the parties concerned, but also casts doubt on the impartiality and authority of law enforcement. Therefore, in the process of law enforcement, law enforcement agencies should more strictly abide by laws and regulations to ensure that they exercise their powers justly, fairly and openly.
In short, although the case of illegal construction of the pig farm ended with a fair judgment of the court, the social impact caused by it is far from over. It allows us to see the solemnity and sanctity of legal documents in a society governed by the rule of law, and also makes us deeply aware of the importance of abiding by laws and regulations. At the same time, it also reminds us that law enforcement agencies should more strictly abide by laws and regulations in the process of law enforcement to ensure that they exercise their powers fairly, fairly and openly. Only in this way can we jointly maintain social harmony, stability, justice and order.
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